CONSUMER DISPUTES REDRESSAL FORUM
PALAKKAD, KERALA
Dated this the 30th day January, 2013.
Present : Smt. Seena. H, President
: Smt. Preetha. G. Nair, Member
: Smt. Bhanumathi. A.K, Member Date of filing: 07/07/2012
CC /120/2012
Shaju Kumar,
S/o. C.C. Kurian, Nurammanal - Complainant
Kumarampathur P.O,
Palakkad – 678 583
(By Adv.N.N. Praseeda)
Vs
1. Managing Director,
K.S.R.T.C, Thiruvananthapuram.
2 . Sajeesh
Conductor, K.S.R.T.C., - Opposite parties
Chittur Depo, Palakkad.
(By Adv. P.K. Sreedharan)
O R D E R
BY SMT. BHANUMATHI. A.K, MEMBER
Brief facts of the complaint :-
The complainant travelled along with his wife and 4 children in the Town to Town K.S.R.T.C Bus from Palakkad bus station to Kumarampathur at 9.00 PM on 14/05/2012. The age of the children are 11,10,8,5 respectively. Opposite party no. 2 has approached the complainant for taking tickets. The complainant requested 2 full tickets and 4 half tickets for 4 children. Without seeing the children opposite party no.2 was not ready to issue tickets. After 10 minutes opposite party no.2 came and demanded the complainant to take 4 full ticket. The complainant refused to take such as the opposite party no.2 said because all the 4 children are of below 12 years. Then the conductor asked full ticket for the son of the complainant Alan Shaju aged 11. When the complainant refused to do so the conductor threatened the complainant saying that the complainant and family will be compelled to get down of the bus. As it is 9 ‘0’ clock in the night the complainant forced to take 3 full tickets and 3 half tickets. In the mean while the other passengers in the bus started to mock at the complainant and family. Some of them were expressed their willingness to take ticket for the complainant's son. The conductor has rung the bell and bus stopped two times between Olavakkode and Mundur.
The act of opposite party caused mental agony and insecure situation to the complainant.
So the complainant seeking an order directing the oppsite parties to pay an amount of Rs. 90,000/- as compensation.
Opposite parties entered appearance and filed version with the following contentions.
Opposite parties admit that the complainant and his wife travelled along with 4 children. Opposite party also admit that the complainant has taken 3 full tickets and 3 half tickets. Two of the four children were more than 12 years of age in appearance. But the complainant was of the opinion that the four children were of below 12 years age and he wanted half tickets for them. At last complainant agreed to take full ticket for one child. Opposite parties content that the only way to the conductor to decide the age of the child is by appearance or the co-passenger should give any documentary evidence to show that the disputed passenger is below 12 years old. It was not done in this case. In this matter the other passengers also moved against the complainant. Opposite party no.2 is not responsible for the difficulties faced by the complainant from the passengers.
On this issue a departmental enquiry was conducted. At the time of inspection the mother of the disputed child agreed that earlier also occured such problems while travelling in the K.S.R.T.C bus. There is no deficiency of service on the part of opposite parties. Opposite party no,. 2 has only done his duty accordingly in the manual and regulation of the K.S.R.T.C. So the complaint is liable to be dismissed with cost.
Both parties filed their respective affidavits. Ext. A1 to A3 marked on the side of the complainant. Ext. B1 marked with objection. Complainant was cross examined as PW1. Opposite party no.2 cross examined as DW1.
Heard both parties.
Issues to be considered are :-
1.Whether there is any deficiency of service on the part of opposite parties ?
2. If so what is the relief and cost?
Issues I & II
The complainant travelled along with wife and 4 children from Palakkad K.S.R.T.C bus station to Komarampathur, in Town to Town Chittoor-Mananthavadi bus at 9 PM on 14/05/2012. Opposite party no.2 demanded 4 full tickets and 2 half tickets. But the complainant refused to do so as the children are below 12 years old. The other passengers in the bus mocked at the complainant and compelled to take full ticket for the child. This incident caused much difficulties to the complainant. At last the complainant has taken 3 full tickets and 3 half tickets.
Opposite party contents that the only way to the conductor to decide the age of the child is by the way of appearance or the co-passenger should give any documentary evidence to show that the disputed passenger is below 12 years old. In Ext. A3, K.S.R.T.C Manual 3.10 (B) it is written as "5 വയസ്സ് മുതല് 12 വയസ്സുവരെ പകുതി നിരക്കിലുള്ള ടിക്കറ്റ് നല്കേണ്ടതാണ്. കുട്ടികളുടെ പ്രായം, പഠിക്കുന്ന ക്ലാസ് , എന്നിവ കുടെയുള്ള രക്ഷാകര്ത്താക്കളോടും കുട്ടിയോടും ചോദിച്ചു മനസ്സിലാക്കണം." A2 is the birth certificate of the disputed child. It will show that the age of the child at the time of travelling is 11 years and 6 months. It is below 12 years old and the child is eligible for getting concession.
In the version the opposite parties admits that the other passengers also moved against the complainant. It is the duty of opposite party no.2 to provide safe and comfortable journey to its passengers. At the time of cross examination DW1 deposed that the bus stopped two times between Olavakode and Mundur. At Muttikulangara there is stop for TT bus. But Puthupariyaram is not having the TT stop. It is pertinent to note that the complainant was travelling along with wife and children at 9 pm. Defenetily it will cause mental agony to the complainant .
In the above facts and circumstances we are of the view that the opposite party no.2 has committed deficiency in service. 1st opposite party also responsible for the same.
In the result complaint partly allowed. Opposite parties are jointly and severally directed to pay an amount of Rs. 1,000/- ( Rupees One thousand only) as compensation for mental agony and Rs. 750/- ( Rupees Seven hundred and fifty only) as cost of the proceedings.
Order shall be complied within one month from the date of receipt of order, failing which the complainant is entitled for 9% interest per annum for the whole amount from the date of order till realization.
Pronounced in the open court on this the 30th day of January, 2013. Sd/-
Smt. Seena. H
President
Sd/-
Smt. Preetha.G.Nair
Member
Sd/-
Smt. Bhanumathi.A.K
Member
A P P E N D I X
Exhibits marked on the side of complainant
Ext. A1– Bus tickets, 3 full ticket and 3 half ticket.
Ext. A2- Birth Certificate of Alan shaju.
Ext. A3- K.S.R.T.C MANUAL
Exhibits marked on the side of opposite party
Ext.B1- Enquiry report documents by KSRTC.
Witness examined on the side of complainant
PW1 – Shaju kumar
Witness examined on the side of opposite party
DW1 – K. Sajeesh
Cost allowed
Rs. 750/- ( Rupees Seven hundred and fifty only) allowed as cost of the proceedings.
